Professional Documents
Culture Documents
Des Jennings
General Manager
QUALIFIED PERSONS ADVICE
The Local Government Act 1993 provides (in part) as follows:
A General Manager must ensure that any advice, information or recommendation given to the Council is
given by a person who has the qualifications or experience necessary to give such advice, information or
recommendation.
A Council is not to decide on any matter which requires the advice of a qualified person without
considering such advice unless the General Manager certifies in writing such advice was obtained and
taken into account in providing general advice to the Council.
I therefore certify that with respect to all advice, information or recommendation provided to the Council in
or with this Agenda:
i) the advice, information or recommendation is given by a person who has the qualifications or
experience necessary to give such advice, information or recommendation; and
ii) where any advice is directly given by a person who does not have the required qualifications or
experience, that person has obtained and taken into account in that persons general advice, the advice
from an appropriately qualified or experienced person.
MEETING CONDUCT
People attending Council Meetings are expected to behave in an appropriate manner.
The following is not acceptable:
Offensive or inappropriate behaviour
Personal insults
Verbal abuse
In the case of any inappropriate outburst or derogatory behaviour, an apology from the offending party
or parties will be requested. Anyone at the meeting, if they feel offended in any way by any such
behaviour specified above, should immediately bring the behaviour to the notice of the Chairperson by
the way of a point of order.
The Chairperson has the right to evict from a meeting any person who is not behaving to an appropriate
standard.
Des Jennings
GENERAL MANAGER
Regulation 31 of the Local Government (Meeting Procedures) Regulations 2015 makes provision for Public
Question Time during a Council meeting.
Public question time is to commence immediately after the meal break at approximately 6:45pm and is to be
conducted in accordance with the following guidelines:
At each Council Meeting up to 20 minutes, or such longer period as Council may determine by
resolution at that meeting, is to be provided for persons at the meeting to ask questions.
A person seeking to ask a question must firstly identify himself or herself by stating their name and the
town they reside in.
If more than one person wishes to ask a question, the Mayor is to determine the order in which those
questions are asked
Questions must be directed to the Mayor who shall answer or direct the question to the appropriate
Councillor or Council Officer. A question will be answered if the information is known otherwise taken
on notice and responded to in writing within 10 working days. Questions should preferably be in
writing and provided to the General Manager 7 days prior to the Council Meeting.
A person is entitled to ask no more than 2 questions on any specific subject. If a person has up to two
questions on several subjects, the Mayor may defer those questions until other questions have been
asked and refer back to that person only if time permits.
Each speaker is limited to a maximum of 3 minutes.
A maximum of 4 persons per item (2 for and 2 against) will be permitted to address Council on a planning
item. After the representation has been made, Councillors are permitted to ask questions of the party who
made the representation.
PETITIONS
In relation to the receipt of petitions, the provisions of the Local Government Act 1993, Part 6 - Petitions,
polls and public meetings, S57 and S58, should be noted.
The purpose of recording meetings of Council is to assist Council officers in the preparation of minutes of
proceedings.
Unless expressly stated otherwise, Northern Midlands Council claims copyright ownership of the content of
recordings of Council meetings ("the Recordings").
The Recordings may not upload, display, print and/or reproduced without the written permission of the
General Manager for the express purpose proposed.
The Northern Midlands Council reserves the right to revoke such permission at any time. Apart from uses
permitted under the Copyright Act 1968, all other rights are reserved.
Any request for authorisation, including authorisation for the use of recordings, should be directed to the
General Manager, 13 Smith Street, Longford TAS 7301.
Des Jennings
General Manager
16 August 2017
GOV 1 ATTENDANCE
1 PRESENT
In Attendance:
2 APOLOGIES
GOV 1 ATTENDANCE 2
1 PRESENT 2
2 APOLOGIES 2
GOV 2 TABLE OF CONTENTS 2
GOV 3 DECLARATIONS OF ANY PECUNIARY INTEREST OF A COUNCILLOR OR CLOSE ASSOCIATE 4
GOV 4 CONFIRMATION OF MINUTES 4
1 ORDINARY COUNCIL MEETING 17 JULY 2017 4
2 CONFIRMATION OF MINUTES OF COMMITTEES 4
Attachments: Section 1 Page 1
3 RECOMMENDATIONS OF SUB COMMITTEES 5
GOV 5 DATE OF NEXT COUNCIL MEETING 18 SEPTEMBER 2017 6
INFO INFORMATION ITEMS 7
1 COUNCIL WORKSHOPS/MEETINGS HELD SINCE THE LAST ORDINARY MEETING 7
2 MAYORS COMMUNICATIONS 7
3 PETITION 7
4 CONFERENCES & SEMINARS: REPORT ON ATTENDANCE BY COUNCIL DELEGATES 8
5 132 & 337 CERTIFICATES ISSUED 8
6 ANIMAL CONTROL 8
7 HEALTH ISSUES 8
8 CUSTOMER REQUEST RECEIPTS 9
Section 8 sub clause (7) of the Local Government (Meeting Procedures) 2005 require that the Chairperson is
to request Councillors to indicate whether they have, or are likely to have a pecuniary interest in any item on
the Agenda.
DECISION
Cr
DECISION
Cr
DECISION
Cr
Mayor Downie advised that the next Ordinary Council Meeting would be held at the Northern Midlands
Council Chambers at Longford at 5.00pm on Monday, 18 September 2017.
The General Manager advised that the following workshops/ meetings had been held.
Date Held Purpose of Workshop
07/08/2017 Council Workshop
Discussion:
Mens Shed
TasWater Small Towns Water Project
Longford Velodrome
Entrance Statement - Evandale
Tooms Lake Toilets Closure & Replacement
Longford Community Facilities Assessment and Longford Civic Centre Site Feasibility Study - Brief
Longford to Cressy Horse Trail Study - Brief
21/08/2017 Council Workshop
Discussion:
Council Meeting Agenda items
2 MAYORS COMMUNICATIONS
Acting Mayors Communications for the period 18 July 2017 to 12 August 2017 are as follows:
Date Activity
26 July Attended LGAT AGM and General Meeting, Hobart
27-28 July Attended LGAT Annual Conference, Hobart
29 July Attended Longford Football Club home game
7 August Council Workshop
9 August Attended Morven Park Management & Development Association Committee meeting
Attended to email, phone, media and mail inquiries.
Mayors Communications for the period 12 August to 21 August 2017 are as follows:
Date Activity
21 August Attended Council Meeting and Workshop
Attended to email, phone, media and mail inquiries.
3 PETITION
1 PURPOSE OF REPORT
In accordance with the Vision, Mission and Values of Council as identified in the Councils Strategic Plan 2007-2017 and
the Local Government Act 1993, S57 S60, provision is made for Council to receive petitions tabled at the Council
Meeting.
2 OFFICERS COMMENT
In relation to the receipt of petitions, the following provisions of the Local Government Act 1993, Part 6 - Petitions, polls
and public meetings, S57 and S58, should be noted:
Section 57. Petitions
(1) A person may lodge a petition with a council by presenting it to a councillor or the general manager.
(2) A person lodging a petition is to ensure that the petition contains
(a) a clear and concise statement identifying the subject matter; and
(b) a heading on each page indicating the subject matter; and
(c) a brief statement on each page of the subject matter and the action requested; and
(d) a statement specifying the number of signatories; and
(e) the full printed name, address and signature of the person lodging the petition at the end of the petition.
58. Tabling petition
(1) A councillor who has been presented with a petition is to
(a) table the petition at the next ordinary meeting of the council; or
(b) forward it to the general manager within 7 days after receiving it.
(2) A general manager who has been presented with a petition or receives a petition under subsection (1)(b) is to table
6 ANIMAL CONTROL
Income/Issues Income/Issues Income/Issues
Item 2016/2017 for July 2017 2017/2018
No. $ No. $ No. $
Dogs Registered 3,673 88,802 509 9,172 509 9,172
Dogs Impounded 72 5,423 4 127 4 127
Euthanized 3 - - - - -
Re-claimed 63 - 2 - 2 -
Re-homed/To RSPCA 6 - 2 - 2 -
New Kennel Licences 5 345 2 140 2 140
Renewed Kennel Licences 65 2,772 66 2,838 66 2,838
Infringement Notices (paid in full) 77 13,203 10 1,591 10 1,591
Legal Action 1 3,500 - - - -
Livestock Impounded 2 673 - - - -
TOTAL 114,718 13,868 13,868
7 HEALTH ISSUES
Immunisations
The Public Health Act 1997 requires that Councils offer immunisations against a number of diseases. The following table
will provide Council with details of the rate of immunisations provided through Schools. Monthly clinics are not offered
by Council; however, parents are directed to their local General Practitioner who provides the service.
Northern Midlands Council
Council Meeting Agenda Section 1 - Page 8
AGENDA ORDINARY MEETING
21 AUGUST 2017
2015/2016 2016/2017 2017/2018
MONTH
Persons Vaccination Persons Vaccination Persons Vaccination
July-September 31 31 43 49 1 1
October-December 46 52
January-March - - - -
April-June - - 16 45
Some previous data for 2015 2016 is not included as Launceston City Council were delivering the immunisation
program during that period.
*The total number of vaccinations increases because there are several vaccinations given to each student.
The National Immunisation Program Schedule recommends that two vaccinations be provided in the school based
program in 2017, including Human Papillomavirus (HPV) and diphtheria, tetanus and acellular pertussis (whooping
cough) (dTpa).
Immunisations will be undertaken by the Longford Surgery during 2017.
Other Environmental Health Services
Determine acceptable and achievable levels of environmental and public health by ongoing monitoring, inspection,
education and, where necessary, by applying corrective measures by mutual consent or application of legislation.
Ensure safe standards of food offered for sale are maintained.
Notifiable Disease investigations have been carried out by the Department of Health and Human Services from Hobart,
with only significant outbreaks directed to Council to assist with investigations. However, due to the prompt and
thorough investigating by Council Environmental Health Officers, the Department now directs more cases for Council
to investigate.
Food premises are due for inspection from 1 July each year.
Matters that are grey shaded have been finalised and will be deleted from these schedules
5
4
3
2
1
0
Avoca, Campbell Cressy Evandale Longford Perth Ross Devon Hills Other
Royal Town
George,
Rossarden
Resource sharing summary for the period 1 July 2016 to 30 June 2017 was circulated in the Attachments.
13 VANDALISM
Prepared by: Jonathan Galbraith; Engineering Officer
Estimated Cost of Damages
Incident Location
July 2017 July 2017 July 2016
Security camera stolen at entrance to Evandale Evandale $ 1,000
Toilets Tooms Lake $ 20,000
TOTAL COST VANDALISM $ 21,000 $ 21,000 $ 800
Council contracts Longford and Launceston PCYCs to provide youth programs in Evandale, Perth and Longford.
Progress Report:
The CEO of NTDC has provided the following quarterly report in accordance with Section 21 of the Local Government
Act 1993.
Welcome to the newly incorporated NTDC!
As of March 2017 the new NTDC Ltd formed. The organisation has made a few changes to streamline the business,
lower overheads and align ourselves with the business and entrepreneurial sector. We have moved into a collective
work space, Co-Work Launceston at 93 York St Launceston and interact with other small business and innovators
that supports economic development.
1. NTDCs Role in the Launceston City Deal Working to Gain the Benefit for the Whole Region!
The Northern Tasmania Development Corporation Ltd (NTDC) has been appointed as the lead agency to develop and
be the custodian of a Regional Economic Development Plan (The Plan) as outlined in the City Deal of April 2017, with
completion due in 2018.
The Plan will provide a shared understanding of where future economic and jobs growth will come from. This strategic
outlook will help coordinate future government investments, encourage new private sector investment, improve
planning and provide support for ongoing regulatory reform. The Plan will be action orientated and will cover the
three financial years FY2019 FY2021. Although we are aware that Council Members would not consider a new plan
to be a priority for NTDC it was considered that by 2018 (when the Plan is due to be released) the new Plan will be a
natural revision of the 2015 Northern Regional Futures Plan.
NTDC will work closely with Council Members in planning the consultation phase, to ensure we are adding-value and
coordinated in our approach.
2. Resources for NTDC
To assist NTDC with the development of the plan and our approach to engage with Council Members the business
community and the sectors where appropriate the Tasmanian Government have allocated NTDC Ltd $140,000 for
2017-18. It is envisaged that some of these funds will be allocated to consultancy support and the remainder to
appoint a Project Officer to coordinate the consultation and develop an Opportunities Database (and document
impediments and issues) as part of The Plan.
3. Regional Prioritisation of Projects
NTDC tabled a methodology for prioritising projects at a regional level at the May Council Members meeting in
Launceston. After some agreed changes and fine-tuning from that meeting, NTDC now has a methodology to prioritise
The Tasmanian Planning Commission (TPC) formed a Panel to assess the six Northern Region Interim Planning
Schemes. The Panel advised that it had identified a number of errors and anomalies in and between the Interim
Schemes in relation to drafting, formatting, clause numbering, and references.
The Panel has determined that the appropriate statutory process to correct these various errors in each of the six
schemes is by issuing a notice to the Minister recommending that he issue an authorisation for an urgent amendment.
The Panel invited Councils comment on the proposed amendments. Council considered the matters raised by the
Panel at its December 2016 meeting and supported the proposed urgent amendments.
Councils advice that that it supports the proposed urgent amendments was subsequently forwarded to the TPC.
The TPC has advised that it has finalised its assessment, and urgent amendments to the interim scheme arising out of
the assessment have been made. A copy of the approved amendments is attached.
DECISION
Cr
That the Information items be received.
45
Planning Applications - Processing Days - year to date
40
35
30
25
20
15
10
5
0
Jul-17
Average Days for Permitted Days allowed for approval by LUPAA (permitted)
Average Days for Discretionary Days allowed for approval under LUPAA (discretionary)
July 2017
No of Perm /
Project Details Address Applicant LUPAA Disc /
days Exempt
DELEGATED DECISIONS
P17-008 Partially retrospective conversion of carport to 26 Tannery Road, LONGFORD D Hill & K Slater 42 D
laundry/store room (heritage listed place), including
access over CT44534/6 and parking area within
CT153287/1
P17-055 2-lot subdivision & new access (scenic corridor) 16523 Midland Highway, PERTH Woolcott Surveys 42 D
P17-087 Replacement bridge, road realignment, tree removal Woolmers Lane (inc CT27652/1; Northern Midlands Council 42 D
& partial hedge removal (Heritage Precinct, Scenic 150964/1; 83812/1; 168364/1),
Corridor, flood hazard area & works within 50m of a LONGFORD
watercourse)
P17-088 Multiple dwellings x3 on proposed lot 2 (vary 21 Frederick Street, PERTH Prime Design 42 D
setbacks)
20
No. of Building Approvals - year to date
15
10
0
New Dwellings Dwelling Garage/Sheds Commercial Other (Signs) Swimming Minor Works Building Amended TOTAL
Additions & Additions Pools Certificates Permits
The Strategic Plan 2017-2027 provides the guidelines within which Council operates.
Progress Economic Health and Wealth Grow and Prosper
Strategic Project Delivery Build Capacity for a Healthy Wealthy Future
Core Strategies:
Strategic, sustainable, infrastructure is progressive
A Land Use and Development Strategy to direct growth
Economic Development Supporting Growth and Change
Core Strategies:
Towns are enviable places to visit, live and work
People Culture and Society A Vibrant Future that Respects the Past
Sense of Place Sustain, Protect, Progress
Core Strategies:
Planning benchmarks achieve desirable development
Council nurtures and respects historical culture
Developments enhance existing cultural amenity
Place Nurture our Heritage Environment
Environment Cherish and Sustain our Landscapes
Core Strategies:
Meet environmental challenges
History Preserve and Protect our Built Heritage for Tomorrow
Our heritage villages and towns are high value assets
Core Departmental Responsibilities
Planning and Development
4 STATUTORY REQUIREMENTS
4.1 Land Use Planning & Approvals Act 1993
The planning process is regulated by the Land Use Planning & Approvals Act 1993, section 43 of which
requires Council to observe and enforce the observance of its planning scheme.
4.2 Building Act 2016
The Building Act 2016 requires Council to enforce compliance with the Act.
5 RISK ISSUES
Overall Council currently has a good reputation throughout the development community and that people
are aware of the need for building approvals. Inconsistent decision making would place this reputation at
risk.
Council strives to ensure that the planning scheme meets expectations of community. Ongoing changes
driven by the State despite public exhibition may not always further this aim.
6 COMMUNITY CONSULTATION
Discretionary applications are placed on public notification in accordance with Section 57 of the Land Use
Planning & Approvals Act 1993.
7 OFFICERS COMMENTS/CONCLUSION
Planning approval timelines for processing of discretionary applications is 40 days (39 days last month)
(42 days allowed by LUPAA).
Permit reviews exceeded the 2015/2016 year total of 789, with 909 being inspected in 2016/2017.
Inspections to resume upon commencement of Building & Compliance Officer.
There were 9 building approvals valued at $965,4057 (year to date) for 2017/2018, compared to 19 building
RECOMMENDATION
DECISION
Cr
1 PURPOSE OF REPORT
This report seeks Councils advice as to whether or not the Council requires a Development Application for
increased production by the Longford abattoir to 50,000 tonnes of cold packed product per annum.
2 INTRODUCTION/BACKGROUND
The Environment Protection Authority Tasmania has formally requested JBS Australia Pty Limited to obtain
advice from the Northern Midlands Council as to whether or not the Council requires a Development
Application for increased production by the Longford abattoir to 50,000 tonnes of cold packed product per
annum.
The matter was considered at Councils November 2016 meeting where Council resolved to require a
development application for the increased production.
JBS was advised of this requirement and has requested that Council review its decision. To assist in this
review, advice was sought from the EPA as to what process they would undertake if Council did not require
a development application.
The Strategic Plan 2017-2027 provides the guidelines within which Council operates.
Lead
Leaders with Impact
Communicate Connect with the community
Progress
Economic Development Supporting Growth & Changes
Minimise industrial environment impact on amenity
Place
Environment Cherish & Sustain our Landscapes
Core Strategies:
Meet environmental challenges
5 STATUTORY REQUIREMENTS
6 FINANCIAL IMPLICATIONS
7 RISK ISSUES
The EPA has requested JBS to obtain advice from the Northern Midlands Council concerning whether or not
the Council requires a Development Application for increased production by the Longford abattoir to 50,000
tonnes of cold packed product per annum.
If the Council does not require a development application, the Director of the EPA has advised that, to ensure
environmental permit conditions reflect the activity being undertaken, he would cause an environment
protection notice to be issued to vary the current environmental permit conditions as appropriate. This is
providing any change would not result in the activity including a separate level 2 activity, and that the
production increase in itself is unlikely to cause a significant change in the activitys pollution emissions such
that the current environmental permit conditions as a whole are no longer relevant.
It is noted that the review of environmental conditions entailed by this action would not include any formal
consultation process, unlike assessment in relation to the referral of a planning application pursuant to
section 25 of the Environmental Management and Pollution Control Act.
9 COMMUNITY CONSULTATION
11 OFFICERS COMMENTS/CONCLUSION
The Longford abattoir has existing approvals for use as an abattoir, and the continued use of the abattoir
does not require further planning approval.
It is considered that the increased production is a matter for assessment by the EPA under the Environmental
Management and Pollution Control Act, not for Council under the Land Use Planning & Approvals Act.
12 ATTACHMENTS
12.1 9 June 2017 EPA response
RECOMMENDATION 1
RECOMMENDATION 2
That Council advise JBS Australia and the EPA that as the Land Use Planning & Approvals Act 1993 and the
Northern Midlands Interim Planning Scheme 2013 do not regulate the amount of production at the abattoir,
a development application is not required for the increase in production.
DECISION
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Cr
1 PURPOSE OF REPORT
This report seeks Councils endorsement of the draft Placement of Shipping Containers By-Law.
2 INTRODUCTION/BACKGROUND
Initial consultation was undertaken on the draft Placement of Shipping Containers By-Law with key
stakeholders and a report brought to the April 2017 Council meeting.
At that meeting, Councillors raised questions which were discussed at its July workshop and are addressed
in this report.
The Strategic Plan 2017-2027 provides the guidelines within which Council operates.
Lead
Leaders with Impact
Core Strategies:
Communicate Connect with the community
Lead Councillors represent honestly with integrity
Manage Management is efficient and responsive
Best Business Practice & Compliance
Core Strategies:
Council complies with all Government legislation
People
Sense of Place Sustain, Protect, Progress
Core Strategies:
Developments enhance existing cultural amenity
Place
Environment Cherish & Sustain our Landscapes
Core Strategies:
Cherish & sustain our landscapes
History Preserve & Protect our Built Heritage for Tomorrow
Core Strategies:
Our heritage villages and towns are high value assets
4 POLICY IMPLICATIONS
Council does not currently have a formal policy dealing with the placement of shipping containers and is this
is not considered to be a matter that can be resolved by policy rather than regulation.
5 STATUTORY REQUIREMENTS
The introduction of a by-law is regulated by the Local Government Act 1993. Section 156 states that a
council which intends to make a by-law is to pass a resolution by an absolute majority to that effect.
A by-law to regulate the placement of shipping containers will require an increased input of staff hours in
regulating the by-law.
7 RISK ISSUES
There is a risk that without a by-law, the placement of shipping containers will proliferate, with a negative
impact on the amenity of the municipality.
Referral to the Director of Local Government will occur if Council passes a formal resolution of its intention
to make a by-law.
9 COMMUNITY CONSULTATION
Consultation with Councils Local District Committees has been undertaken. The Ross Local District
Committee asked that Council consider including provisions to remove non-compliant containers.
The Campbell Town Local District Forum observed the placement of shipping containers has increased within
the township and raised concern was raised regarding the process to manage the removal of existing shipping
containers under the proposed by-law.
Council can:
Endorse the draft by-law as attached; or
Require amendments to the draft by-law;
Elect not to pursue the draft by-law.
11 OFFICERS COMMENTS/CONCLUSION
When a property is sold, would the purchaser be required to apply for a planning permit for any existing
shipping container on the property?
If the new owner of the land:
1. does not change the use of the existing shipping container; and
2. does not modify the shipping container in a way that amounts to development,
the mere fact that the land has changed hands does not trigger a requirement to obtain planning
approval under Councils Interim Scheme.
The new owner would need to do something new with/to the existing shipping container that amounts
to a change of use or a form of development.
Are there any other ways we can require planning applications for existing shipping containers?
The vast majority of shipping containers placed on residential land are used in conjunction with the
approval residential use.
The result is that separate planning approval is not required for the shipping container; the existing
residential approval will cover a container which, in effect, forms part of the approved residential use
and does not itself amount to a discrete form of development.
The proposed by-law will allow Council to take action on shipping containers where the planning scheme
does not allow for such. Public consultation has raised the issue that the by-law should apply to existing
shipping containers, however the by-law cannot do this because section 150 (1) (a) of the Local Government
Act 1993 states that a council must not make a by-law which applies retrospectively.
12 ATTACHMENTS
12.1 Draft Placement of Shipping Containers By-Law
RECOMMENDATION 1
That, in accordance with s.156 of the Local Government Act 1993, Council resolves that it intends to make
the proposed Placement of Shipping Containers By-Law No. 1 of 2017 to regulate the placement of shipping
containers in the Northern Midlands municipality.
DECISION
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Cr
1 PURPOSE OF REPORT
The public officer of NRM has requested council re-nominate representatives prior to the AGM which is
scheduled for Wednesday, 27 September 2017.
2 INTRODUCTION/BACKGROUND
The Northern Midlands Council is a Group A member organisation of the Northern Tasmanian Natural
Resource Management Association Inc. (NRM). The public officer of NRM has advised that their AGM is
scheduled for Wednesday 27 September 2017, prior to which time Council must re-nominate its
representatives or appoint alternate representatives for the coming year. Currently, Council is represented
by Cr Mary Knowles and Councils NRM Committee is represented by Cr Dick Adams.
The Strategic Plan 2017-2027 provides the guidelines within which Council operates.
Progress
Strategic Project Delivery Build Capacity for a Healthy Wealthy Future
Core Strategies:
Strategic, sustainable, infrastructure is progressive
Economic Development Supporting Growth & Changes
Towns are enviable places to visit, live & work
Minimise industrial environment impact on amenity
People
Lifestyle Strong, Vibrant, Safe and Connected Communities
Core Strategies:
Participate Communities engage in future planning
Connect Improve sense of community ownership
Caring, Healthy, Safe Communities Awareness, education & service
Place
Environment Cherish & Sustain our Landscapes
Core Strategies:
Cherish & sustain our landscapes
Meet environmental challenges
Eco-tourism strongly showcases our natural beauties
4 FINANCIAL IMPLICATIONS
Subscription for Group A Association Membership is $20 (including GST), per appointment.
RECOMMENDATION 1
RECOMMENDATION 2
That Council
a) confirm the appointment of Cr Mary Knowles as its Representative and Cr Dick Adams to the NRM
Steering Committee;
OR
b) nominate ____________ as its representative and ____________ as its NRM Steering Committee
representative to the Association.
DECISION
Cr
Cr
1 PURPOSE OF REPORT
Mayor Downie has requested that a report be brought before Council to initiate discussion on a formal
approach to StateRoads to explore the possibility of entering into a Memorandum of Understanding (MOU)
that would allow Council to assist with road repairs and maintenance. In particular, when damage is caused
at times of emergency, for example flooding that can have a significant impact Statewide.
2 INTRODUCTION/BACKGROUND
During 2016 the State faced significant flood damage, which placed significant pressure on the State agencies
and councils.
Council would recall that Leighlands Road was closed for an extended period due to flood damage.
It is believed that an opportunity exists whereby Council may provide assistance to the State to progress
remedial works to open roads as quickly and efficiently as possible to the standard require by StateRoads.
The Strategic Plan 2017-2027 provides the guidelines within which Council operates.
Lead
Leaders with Impact
Core Strategies:
Lead Councillors represent honestly with integrity
Manage Management is efficient and responsive
Money Matters
Core Strategies:
Efficiency in resource sharing and Council reform
Workforce Standards
Core Strategies:
Emergency Management & Safety Plans work well
4 POLICY IMPLICATIONS
N/a.
5 STATUTORY REQUIREMENTS
N/a.
6 FINANCIAL IMPLICATIONS
No financial implications exist with regard to entering into discussions, relevant financial implications would
be identified through discussions. Works would be undertaken largely on a cost recovery basis.
There are no risks identified in commencing discussions with StateRoads. Any risks identified prior to
entering into an agreed MOU will need to be mitigated and reported to Council.
If Council was to agree to raising with StateRoads the entering into an agreed MOU to support StateRoads
maintenance program, officers of Council would approach StateRoads to initiate discussions to explore the
matter.
9 COMMUNITY CONSULTATION
N/a.
To support or not support an approach to StateRoads to discuss the opportunity for Northern Midlands
Council to undertake maintenance works on State road infrastructure.
11 OFFICERS COMMENTS/CONCLUSION
12 ATTACHMENTS
Nil.
RECOMMENDATION 1
RECOMMENDATION 2
That Council approach StateRoads to initiate discussion on the possibility of Council taking-up maintenance
works on State road infrastructure.
DECISION
Cr
Cr
1 PURPOSE OF REPORT
The purpose of this report is to provide Council with information regarding a stakeholder review of the free
overnight stay sites for self-contained vehicles in the Northern Midlands, and, to seek approval from Council
to adopt the Recreational Vehicles Development and Management of Facilities Policy, replacing the current
Overnight Camping Self Contained Vehicles Policy.
2 INTRODUCTION/BACKGROUND
On 16 March 2015 the Northern Midlands Council adopted an overnight camping policy for self-contained
vehicles. The policy identified the following areas as potentially suitable for free overnight stay sites for self-
contained vehicles in the Northern Midlands:
Evandale - Falls Park (Monday -Friday);
Evandale - Honeysuckle Banks;
Campbell Town - Red Bridge;
Bishopsbourne - Recreation Ground;
Cressy - Recreation Ground.
Council also has two commercial caravan parks in the municipality, located in Ross and Longford. Council
owns both sites and leases them to private operators. Council has a responsibility to the private operators
to ensure it is not allowing an enterprise which operates in competition with these sites.
At its meeting of 20 February 2017, Council considered the policy and made the following decision (Min. Ref.
48/17):
That Council:
1. endorse the following locations as free overnight stay areas for self-contained vehicles:
Bishopsbourne Recreation Ground
Cressy Recreation Ground
Falls Park, Evandale
Wardlaw Park, Campbell Town
subject to the issuing of appropriate permits for all areas, if not already in place.
2. officers review the current Overnight Camping Self Contained Vehicles Policy by referring to the Local
Government Decision Making Guide and commencing at step 3: discuss preferred approach with existing
private caravan park owners in, or near, the municipality and other key stakeholders.
Council removed Honeysuckle Banks, Evandale as a free site due to concerns it is in a flood prone area. It is
noted Wardlaw Park, Campbell Town and the Longford Riverside Caravan Park (commercial site) are also in
flood prone areas. Council has received feedback requesting Honeysuckle Banks be reinstated as there is no
area available in Evandale for overnight camping during the weekend, when people are attracted to the
village. It is suggested Honeysuckle Banks be reinstated as a site during summer months only. Relevant
planning approvals would need to be put in place.
Council officers completed stakeholder engagement by writing to the following groups and organisations:
Local District Committees;
Northern Midlands Council
Council Meeting Agenda Section 1 - Page 47
AGENDA ORDINARY MEETING
21 AUGUST 2017
Ross Motel & Caravan Park;
Longford Riverside Caravan Park;
CMCA;
Caravan Industry Australia, Tasmania;
Neighbouring property owners to current free sites.
Twenty responses were received. A summary of the information provided in the responses is attached to
this report.
The Strategic Plan 2017-2027 provides the guidelines within which Council operates.
Lead Best Business Practice and Compliance
Core Strategies Council complies with all Government legislation:
Update compliance policy and procedure as required
Progress Economic Development Supporting Growth and Change
Towns are enviable places to visit, live and work
4 POLICY IMPLICATIONS
In May 2012 the State Government released a Statewide Directions Paper Review of Council Recreational
Vehicle Overnight Camping Services. The paper focuses on the principles of competitive neutrality and
provides a Local Government Decision-Making Guide for Self-Contained RV Camping Services. In summary,
the guide recommends the following process:
With respect to each of the items listed above, the following comments are made:
Discuss preferred approach with existing private caravan park owners in, or near, the municipality and other
key stakeholders
Council officers have revisited this step in the review of its policy. A summary of the feedback provided
is attached to this report.
The Local Government Association of Tasmania have released the following document: Policy Guidelines
2012 Recreational Vehicles Development and Management of Facilities. At this stage, it is the
recommendation of officers that a new policy be adopted by Council in accordance with those guidelines.
Upon review of the new policy, Council may wish to consider the implementation of a by-law, if required.
It is noted, if Council approves the revised policy, the community and users of the free overnight stay sites
for self-contained vehicles will need to be informed of the changes.
5 STATUTORY REQUIREMENTS
Council must have in place planning approvals prior to an identified area being used as a free overnight
camping site, in accordance with section 51 of the Land Use Planning & Approvals Act 1993. Approvals for all
Council approved sites are currently in place. Planning approval needs to be sought for Honeysuckle Banks
(weekend site for Evandale) and Morven Park (overflow site for annual Village Fair).
6 FINANCIAL IMPLICATIONS
The cost to Council for maintaining free overnight camping sites is minimal. As all users of the sites are to be
self-contained, Council does not need to provide power, a dump site or water. Council does incur a cost to
monitor and maintain the sites (for example, mowing and inspections). The cost of maintenance would exist
in any event. The cost of patrolling and inspecting is a cost only incurred when sites are designated as free
overnight stay sites for self-contained vehicles.
The policy in its present form permits Council to charge up to $10 per night to use the area. A charge has
never been levied.
It is the recommendation of officers that Council issues permits for its sites. It is proposed this occur by way
of accessing Councils website and obtaining a Permit Number. Once established, the process would be self-
Northern Midlands Council
Council Meeting Agenda Section 1 - Page 49
AGENDA ORDINARY MEETING
21 AUGUST 2017
managing, therefore would not require additional staff time to manage. If permits were issued, it would
assist Councils Compliance Officer with patrolling the sites and confirming vehicles are not staying longer
than the permitted timeframe.
7 RISK ISSUES
As Council owns two commercial caravan park sites, it must be conscious of allowing free camping to operate
in competition with these businesses. Action to mitigate this risk is to follow the State Government Decision
Making Guide for Self-Contained RV Camping Services.
Council must ensure its policies are reasonable and implementation is achievable. This policy in its present
form is not being implemented, and as such, requires review.
Council has reviewed the Statewide Directions Paper Review of Council Recreational Vehicle Overnight
Camping Services, May 2012 in the preparation of the policy and the consideration of its free overnight stay
sites for self-contained vehicles.
9 COMMUNITY CONSULTATION
Community consultation has occurred through the stakeholder engagement process. Consultation will also
occur to inform the community of changes, if any, made to Councils current policy.
Council is to consider a review of its Overnight Camping Self Contained Vehicles Policy, and adopting the
revised policy: Recreational Vehicles Development and Management of Facilities.
11 ATTACHMENTS
RECOMMENDATION 1
RECOMMENDATION 2
That Council:
1. Endorse Honeysuckle Banks, Evandale as a free overnight stay area for self-contained vehicles from
November to April, subject to the issuing of appropriate permits for the area.
2. Endorse Morven Park, Evandale as a free overnight stay area for self-contained vehicles during the
annual Evandale Village Fair, subject to the issuing of appropriate permits for the area.
3. Adopt the Recreational Vehicles Development and Management of Facilities and rescind the existing
Overnight Camping Self Contained Vehicles Policy.
DECISION
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1 PURPOSE OF REPORT
To:
i) present to Council the Longford Recreation Ground 2030 Master Plan;
ii) seek Councils acceptance and release of the Master Plan;
iii) seek Councils endorsement of the way forward with the Master Plan.
2 INTRODUCTION/BACKGROUND
Council is committed to promoting the health and well-being of Northern Midlands residents by ensuring the
provision of sport and recreation facilities and programs/activities that enable residents to participate in
physical activity. The Longford Recreation Ground is an integral component of the sport and recreation
infrastructure of the Northern Midlands, serving as the towns main sport and recreation precinct.
Council needs to ensure Northern Midlands sport and recreation facilities are maintained and further
developed over time to meet the everchanging needs of the community in terms of demographic changes,
changing recreation and leisure demand trends, and emerging new sport and recreation activities.
In December 2016 Council contracted Lange Design to develop a masterplan to drive the maintenance and
further development of the Longford Recreation Ground to ensure it continues to meet the sport and
recreation needs of Northern Midlands residents into the future.
The consultants work included assessment of the existing facilities/infrastructure and consultation with key
stakeholders including user groups, community members and Council officers.
Lange Design has submitted the final report to Council. The master plan explores the full potential of the
ground and how that potential can consolidate the Longford and district community sporting activities to
better accommodate the future population of the area.
The plan includes a complete upgrade of the oval, and the fill and regrading of the open space training area
(the old tip site).
The plan recommends an eight-staged program of works from 2017 through to 2030: dependent on the
sourcing of funds.
The Strategic Plan 2017-2027 provides the guidelines within which Council operates.
Lead
Leaders with Impact
Core Strategies:
Communicate Connect with the community
Money Matters
Core Strategies:
Improve community assets responsibly and sustainably
Strategic Project Delivery Build Capacity for a Healthy Wealthy Future
4 FINANCIAL IMPLICATIONS
The total cost of implementing the Master Plan is estimated as $7,595,800 GST exclusive, of which $4,215,000
relates to the construction of a new Longford Sports Centre facility and associated car park extension.
It is proposed that Council consider funding components of the Master Plan in forthcoming Council budgets,
and Council Officers seek to secure external grants to assist with the implementation of the Master Plan.
5 community consultation
Broad community consultation underpinned the development of the Master Plan, including consultation with
the Longford Recreation Ground Management Committee and Longford residents, and a survey of user
groups.
Information was also sourced from Council documents and reports, site investigations, site survey data and
aerial photography.
Council can either accept or not accept the Master Plan and the proposed way forward with the plans
implementation.
7 OFFICERS COMMENTS/CONCLUSION
The consultant has fulfilled the requirements of the Master Plan project brief. Following broad community
and stakeholder consultation, review of relevant literature and plans, and site investigations, the consultant
has developed a comprehensive Master Plan for the redevelopment of the Longford Recreation Ground.
8 ATTACHMENTS
RECOMMENDATION 2
That Council:
i) accept the Longford Recreation Ground 2030 Master Plan;
ii) consider funding components of the Master Plan in forthcoming Council budgets, and request Council
Officers to seek to secure external grants to assist with the implementation of the Master Plan.
DECISION
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1 PURPOSE OF REPORT
The purpose of this report is to present the monthly financial reports as at 31 July 2017.
2 INTRODUCTION/BACKGROUND
The Corporate Services Manager circulated a copy of the Monthly Financial Summary for the period ended
31 July 2017.
Following a budget review of income and expenditure items the following alterations/variances are
highlighted and explained: -
SUMMARY FINANCIAL REPORT
For Month Ending: 31-Jul-17 1
A. Operating Income and Expenditure
Year to Date Target
Budget Budget Actual ($,000) 100% Comments
Rate Revenue -$10,197,520 -$10,197,520 -$10,298,308 $101 101.0%
Recurrent Grant Revenue -$4,143,153 -$345,263 $0 -$345 0.0%
Fees and Charges Revenue -$1,630,430 -$135,869 -$164,978 $29 121.4%
Interest Revenue -$449,430 -$37,453 $47,925 -$85 -128.0% Accrued revenue adjustment included
Reimbursements Revenue -$81,834 -$6,820 -$2,280 -$5 33.4%
Other Revenue $8,848 $737 $104,277 -$104 14142.5%
-$16,493,519 -$10,722,187 -$10,313,364 -$409 96.2%
Employee costs $3,458,620 $288,218 $156,089 $132 54.2%
Material & Services Expenditure $4,689,919 $390,827 $315,748 $75 80.8%
Depreciation Expenditure $5,327,756 $443,980 $443,536 $0 99.9%
Government Levies & Charges $687,512 $57,293 $94 $57 0.2%
Councillors Expenditure $192,960 $16,080 $3,567 $13 22.2%
Other Expenditure $1,192,699 $486,280 $487,713 -$1 100.3%
Plant Expenditure Paid $493,570 $41,131 $69,671 -$29 169.4%
$16,043,036 $1,723,808 $1,476,418 $247 85.6%
Trade Debtors
Current balance $158,403
- 30 Days $75,845
- 60 Days $35,719
- 90 Days $2,923
- More than 90 days $43,916
Summary of Accounts more than 90 days: - -
- Norfolk Plains Book sales 711 Paid by outlet as sold
- Hire/lease of facilities 278
- Removal of fire hazards 5,380
- Dog Registrations & Fines 35,049 Sent to Fines Enforcement
- Sales 500 Arrangement to pay
- Grants -
- Private Works 1,998
- Building / Planning Fees 0
C. Capital Program
Actual Target
Budget ($,000) #REF! Comments
Renewal $9,134,540 $19,963 0%
New assets $7,611,300 $49,119 1%
Total $16,745,840 $69,082 0%
Major projects:
- Woolmers Bridge Replacement $2,830,000 $0 0%
- Campbell Town Recreation Ground Complex $2,020,000 $0 0%
- Rossarden Road Bridge Replacement $220,770 $0 0%
- Royal George Bridge Replacement $240,790 $0 0%
- Barton Road Reconstruction $1,130,000 $0 0%
- Longford Rec Ground Redevelopment $1,100,000 $0 0%
- Public Toilet Replacements $600,000 $0 0%
- Ross Village Green Development $300,000 $0 0%
- Longford Sports Centre Extension $1,000,000 $0 0%
- Recreation Lighting $1,040,000 $0 0%
* Full year to date capital expenditure for 2017/18 provided as an attachment.
Full Capital Report with End of Financial Year Report
D. Financial Health Indicators
Target Actual Variance Trend
Financial Ratios
- Rate Revenue / Total Revenue 61.8% 99.9% -38.0%
- Own Source Revenue / Total Revenue 75% 100% -25.1%
Sustainability Ratio
- Operating Surplus / Operating Revenue 0.9% 85.7% -84.8%
- Debt / Own Source Revenue 60.1% 71.9% -11.9%
Efficiency Ratios
- Receivables / Own Source Revenue 87.3% 95.5% -8.2%
- Employee costs / Revenue 21.0% 1.5% 19.5%
- Renewal / Depreciation 171.5% 4.5% 167.0%
Unit Costs
- Waste Collection per bin $9.97 #DIV/0!
- Employee costs per hour $28.82 $16.69
- Rate Revenue per property $1,460.75 $1,475.19
- IT per employee hour $3.17 $8.70
E. Employee & WHS scorecard
YTD This Month
Number of Employees 86.0 0
New Employees 0 0
Resignations 1 0
4 OFFICERS COMMENTS
Copies of the financial reports are also made available at the Council office.
5 ATTACHMENTS
5.1 Income & Expenditure Summary for period ending July 2017.
5.2 Capital Works Report to end July 2017.
RECOMMENDATION
That Council
i) receive and note the Monthly Financial Report for the period ending 31 July 2017.
ii) authorise budget alterations as detailed in section 3A above.
DECISION
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Regulation 31 of the Local Government (Meeting Procedures) Regulations 2015 relates to the provision of Public
Question Time during a Council meeting. Regulation 31(7) of the Regulations stipulates that a Council is to determine
any other procedures to be followed in respect of public question time at an ordinary council meeting.
Public question time is to commence immediately after the meal break at approximately 6:45pm and is to be conducted
in accordance with the following guidelines:
At each Council Meeting up to 20 minutes, or such longer period as Council may determine by resolution at that
meeting, is to be provided for persons at the meeting to ask questions.
A person seeking to ask a question must firstly identify himself or herself by stating their name and the town
they reside in.
If more than one person wishes to ask a question, the Mayor is to determine the order in which those questions
are asked
Questions must be directed to the Mayor who shall answer or direct the question to the appropriate Councillor
or Council Officer. A question will be answered if the information is known otherwise taken on notice and
responded to in writing within 10 working days. Questions should preferably be in writing and provided to the
General Manager 7 days prior to the Council Meeting.
A person is entitled to ask no more than 2 questions on any specific subject. If a person has up to two questions
on several subjects, the Mayor may defer those questions until other questions have been asked and refer back
to that person only if time permits.
Each speaker is limited to a maximum of 3 minutes.
1 PUBLIC QUESTIONS
Section 25 (1) of the Local Government (meeting procedures) Regulations require that if a Council intends to
act at a meeting as a Planning Authority under the Land Use Planning and Approvals Act 1993, the
Chairperson is to advise the meeting accordingly.
DECISION
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That the Council intends to act as a Planning Authority under the Land Use Planning and
Approvals Act 1993 for Agenda item PLAN 1 - 4.
2 STATEMENTS
PLAN 1 P17-175 - 12A Elizabeth Street, PERTH
PLAN 2 P17-178 - 873 Illawarra Road, LONGFORD
PLAN 3 P17-166 - Midland HIGHWAY, Illawarra Road & adjoining properties, PERTH
PLAN 4 DRAFT Planning Scheme Amendment &
P16-271, 184 High Street, CAMPBELL TOW
1 INTRODUCTION
This report assesses an application for 12A Elizabeth Street, Perth to construct a garage (12m x 7m, apex
4.57m) & attached lean-to (8m x 5m) - vary side [w] and rear [n] setbacks.
2 BACKGROUND
Applicant: Owner:
D Shephard D L Shephard & A J Shephard
Zone: Codes:
General Residential Not in a Special Area
Classification under the Scheme: Existing Use:
Residential (Single Dwelling) Dwelling
Deemed Approval Date: Recommendation:
17-Aug-2017. Extension of time received till the 25-Aug-2017. Approve
3 STATUTORY REQUIREMENTS
The proposal is an application pursuant to section 57 of the Land Use Planning & Approvals Act 1993 (ie a
discretionary application). Section 48 of the Land Use Planning & Approvals Act 1993 requires the Planning
Authority to observe and enforce the observance of the Planning Scheme. Section 51 of the Land Use
Planning & Approvals Act 1993 states that a person must not commence any use or development where a
permit is required without such permit.
4 ASSESSMENT
4.1 Proposal
It is proposed to:
Construct a garage (12m x 7m, apex 4.57m) & attached lean-to (8m x 5m), resulting in an L-
shape shed in the north-western corner of the lot.
Elevations
^Shed location pegged out looking north west. Pittosporums to be relocated where possible
4.5 Representations
Notice of the application was given in accordance with Section 57 of the Land Use Planning & Approvals
Act 1993. A review of Councils Records management system after completion of the public exhibition
period revealed that a representation (attached) was received from:
D & L Buckney, 7 Little Mulgrave Street, Perth
The matters raised in the representations are outlined below followed by the planners comments.
Issue 1
Overshadowing (and subsequent dampness of the overshadowed area).
Planners comment:
Shadow diagrams were provided with the proposal and indicate that any overshadowing would
be limited to before 10.30am on the 21 June (shortest day). The area to be shaded by the
proposed shed consists of a garden bed and is already subject to significant shading due to
existing vegetation and a 1.8m high boundary fence. It is unlikely that the proposed shed will
result in any substantial increase in overshadowing and it is not considered to cause an
unreasonable loss of amenity. The proposed shed may also help to reduce dampness in this area,
by collecting stormwater and directing it away from the boundary.
Issue 2
Although not included in the representation, an on-site discussion with the representor on the
3-Aug-2017, identified that visual impacts were also a concern, mainly due to the outlook of the
living areas of the representors dwelling being toward the proposed shed.
Planners comment:
The outlook of the representors property is currently toward their garden bed and boundary
fence, with additional screening provided above the boundary fence by established
Pittosporums on the applicants property (see photograph below). Unfortunately, these
plantings will require removal to allow for a 1m clear work space surrounding the proposed
garage, as required by the shed contractor, to meet WH&S requirements.
An on-site visit was also undertaken with the applicant on the 9-Aug-2017, who noted that they
would like to retain the plantings, but was unsure that they would survive being re-planted, post-
construction. As a compromise, the applicant was willing to move the shed to 1.5m from the
Northern Midlands Council
Council Meeting Agenda Section 1 - Page 66
AGENDA ORDINARY MEETING
21 AUGUST 2017
western boundary, which would remove the variation to this side boundary and allow for re-
planting of screening plants along the boundary fence. A condition may be placed on the permit
accordingly. Additional screening vegetation could also be planted on the representors side to
assist their outlook. As the two trees on the boundary are deciduous, further screening from the
canopy of the trees will become available during Spring and Summer.
4.6 Referrals
The application did not require any referrals.
(source: https://forums.sketchup.com/t/seasonal-shadow-problem)
iv) The visual bulk/scale of the shed is likely to be acceptable to the property to the north, due
to the fence separating the two properties already being increased in height with a lattice
topper. The existing dwelling on the lot is also angled so that the outlook is to the south west,
over a vacant parcel of land. A swimming pool is located adjacent to the proposed shed on the
northern side of the fence, and the shed will assist in screening this area.
Neighbouring
property to
the north
Proposed
shed
b) As the lot is internal, the will be no change to the separation between dwellings when viewed
from the streetscape. The setbacks proposed are consistent with the surrounding area.
Shadow diagrams
CODES
E1.0 BUSHFIRE PRONE AREAS CODE N/a
E2.0 POTENTIALLY CONTAMINATED LAND N/a
E3.0 LANDSLIP CODE N/a
E4.0 ROAD AND RAILWAY ASSETS CODE N/a
E.5.0 FLOOD PRONE AREAS CODE N/a
E6.0 CAR PARKING AND SUSTAINABLE TRANSPORT CODE Complies no changes.
E7.0 SCENIC MANAGEMENT CODE N/a
E8.0 BIODIVERSITY CODE N/a
E9.0 WATER QUALITY CODE N/a
E10.0 RECREATION AND OPEN SPACE CODE N/a
E11.0 ENVIRONMENTAL IMPACTS & ATTENUATION CODE N/a
E12.0 AIRPORTS IMPACT MANAGEMENT CODE N/a
E13.0 LOCAL HISTORIC HERITAGE CODE N/a
E14.0 COASTAL CODE N/a
E15.0 SIGNS CODE N/a
Northern Midlands Council
Council Meeting Agenda Section 1 - Page 70
AGENDA ORDINARY MEETING
21 AUGUST 2017
ASSESSMENT AGAINST E6.0
CAR PARKING & SUSTAINABLE TRANSPORT CODE
E6.6 Use Standards
E6.6.1 Car Parking Numbers
Objective: To ensure that an appropriate level of car parking is provided to service use.
Acceptable Solutions Performance Criteria
A1 The number of car parking P1 The number of car parking spaces provided must have regard to:
spaces must not be less a) the provisions of any relevant location specific car parking plan; and
than the requirements of: b) the availability of public car parking spaces within reasonable walking
a) Table E6.1; or distance; and
b) a parking precinct plan c) any reduction in demand due to sharing of spaces by multiple uses
contained in Table E6.6: either because of variations in peak demand or by efficiencies gained
Precinct Parking Plans by consolidation; and
(except for dwellings in d) the availability and frequency of public transport within reasonable
the General Residential walking distance of the site; and
Zone). e) site constraints such as existing buildings, slope, drainage, vegetation
and landscaping; and
f) the availability, accessibility and safety of on-road parking, having
regard to the nature of the roads, traffic management and other uses
in the vicinity; and
g) an empirical assessment of the car parking demand; and
h) the effect on streetscape, amenity and vehicle, pedestrian and cycle
safety and convenience; and
i) the recommendations of a traffic impact assessment prepared for the
proposal; and
j) any heritage values of the site; and
k) for residential buildings and multiple dwellings, whether parking is
adequate to meet the needs of the residents having regard to:
i) the size of the dwelling and the number of bedrooms; and
ii) the pattern of parking in the locality; and
iii) any existing structure on the land.
Comment:
Complies two parking spaces retained within the garage.
Table E6.1: Parking Space Requirements
Use Parking Requirement
Residential: Vehicle Bicycle
If a 1 bedroom or studio dwelling in the General 1 space per dwelling 1 space per unit or 1 spaces per 5
Residential Zone (including all rooms capable of bedrooms in other forms of
being used as a bedroom) accommodation.
If a 2 or more bedroom dwelling in the General 2 spaces per dwelling
Residential Zone (including all rooms capable of
being used as a bedroom)
E6.6.2 Bicycle Parking Numbers
Objective: To encourage cycling as a mode of transport within areas subject to urban speed zones by ensuring
safe, secure and convenient parking for bicycles.
Acceptable Solutions Performance Criteria
A1.1 Permanently accessible bicycle parking or P1 Permanently accessible bicycle parking or storage
storage spaces must be provided either on spaces must be provided having regard to the:
the site or within 50m of the site in a) likely number and type of users of the site and their
accordance with the requirements of Table opportunities and likely preference for bicycle
E6.1; or travel; and
A1.2 The number of spaces must be in b) location of the site and the distance a cyclist would
accordance with a parking precinct plan need to travel to reach the site; and
Comment:
Complies with A1.2 & A2.
E6.8.5 Pedestrian Walkways
Objective: To ensure pedestrian safety is considered in development
Acceptable Solution Performance Criteria
A1 Pedestrian access must be provided for in P1 Safe pedestrian access must be provided within car
accordance with Table E6.5. park and between the entrances to buildings and the
road.
Comment:
Complies with A1 -no separate access required.
Table E6.5: Pedestrian Access
Number of Parking Spaces Pedestrian Facility
Required
110 No separate access required (i.e. pedestrians may share the driveway). [Note (a)
applies].
11 or more A 1m wide footpath separated from the driveway and parking aisles except at
crossing points. [Notes (a) and (b) apply].
Northern Midlands Council
Council Meeting Agenda Section 1 - Page 74
AGENDA ORDINARY MEETING
21 AUGUST 2017
Notes
a) In parking areas containing spaces allocated for disabled persons, a footpath having a minimum width of
1.5m and a gradient not exceeding 1 in 14 is required from those spaces to the principal building.
b) Separation is deemed to be achieved by:
i) a horizontal distance of 2.5m between the edge of the driveway and the footpath; or
ii) protective devices such as bollards, guard rails or planters between the driveway and the footpath; and
iii) signs and line marking at points where pedestrians are intended to cross driveways or parking aisles.
SPECIFIC AREA PLANS
F1.0 TRANSLINK SPECIFIC AREA PLAN N/a
F2.0 HERITAGE PRECINCTS SPECIFIC AREA PLAN N/a
SPECIAL PROVISIONS
9.1 Changes to an Existing Non-conforming Use N/a
9.2 Development for Existing Discretionary Uses N/a
9.3 Adjustment of a Boundary N/a
9.4 Demolition N/a
9.5 Subdivision N/a
STATE POLICIES
The proposal is consistent with all State Policies.
OBJECTIVES OF LAND USE PLANNING & APPROVALS ACT 1993
The proposal is consistent with the objectives of the Land Use Planning & Approvals Act 1993.
STRATEGIC PLAN/ANNUAL PLAN/COUNCIL POLICIES
Strategic Plan 2017-2027
Statutory Planning
6 OPTIONS
7 DISCUSSION
Discretion to refuse the application is limited to the variation to the side and rear setbacks. The applicant has
agreed to shift the shed further from the western boundary which will allow for the side setback
requirements of the zone to be achieved, eliminating this variation. The main considerations for side/rear
setback variations are the potential for overshadowing and visual impacts.
The relocation of the shed 0.5m further from the boundary will allow for plantings to be re-established along
the western boundary, which will hopefully assist in alleviating the representors concerns regarding
overshadowing and visual impacts.
The site is not in any special areas and no referrals were required as part of the assessment process.
Conditions that relate to any aspect of the application can be placed on a permit. The proposal will be
conditioned to be used and developed in accordance with the proposal plans, except that the shed be moved
0.5m further from the boundary and landscaping be established along the western boundary.
8 ATTACHMENTS
RECOMMENDATION
That land at 12A Elizabeth Street, Perth be approved to be developed and used for a Garage (12m x 7m, apex
4.57m) & attached lean-to (8m x 5m) in accordance with application P17-175, and subject to the following
conditions:
1 Layout not altered
The use and development shall be in accordance with the endorsed plans numbered P1 P6 (Drawings
prepared by Kel Clark, Sheet Nos: 1-5, Dated: July 2017 & Shed elevations by Cyclad Buildings, Drawing No:
JOB2610 (Quote No. QAAER21050911205704), Dated: undated), except as required by condition 2 & 3.
2 Revised plans
Prior to the issue of a building permit, a revised site plan shall be provided showing the shed located 1.5m
from the western side boundary.
3 Landscaping
Within 3 months of the completion of the shed, screening vegetation shall be planted between the shed and
the western side boundary.
DECISION
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1 INTRODUCTION
This report assesses an application for 873 Illawarra Road, Longford to construct Signage x 3 (other signs)
within the scenic corridor.
2 BACKGROUND
Applicant: Owner:
S & F Stewart S & F Stewart
Zone: Codes:
Rural Resource Scenic Management Code
Signs Code
Classification under the Scheme: Existing Use:
Signage Resource Development
Deemed Approval Date: Recommendation:
28-Aug-2017 Approve subject to conditions
The proposal is an application pursuant to section 57 of the Land Use Planning & Approvals Act 1993 (i.e. a
discretionary application).
Section 48 of the Land Use Planning & Approvals Act 1993 requires the Planning Authority to observe and
enforce the observance of the Planning Scheme. Section 51 of the Land Use Planning & Approvals Act 1993
states that a person must not commence any use or development where a permit is required without such
permit.
4 ASSESSMENT
4.1 Proposal
It is proposed to:
Erect three signs on or within the confines of the property boundary. One sign is to be placed
upon the existing white picket fence at the entry to the property. This sign will measure 1600mm
x 500mm and contain information relating to opening hours of the resource development use
upon the subject land. This sign will be adhesive vinyl (metallic gold and black) on 3mm
composite panel with a double sided open-closed sign. The second sign proposed is to be placed
above an existing timber paling fence at the entry to the property. This sign is proposed to
measure 2400mm x 1200mm and provide identification of the property and resource
development use upon the subject land. This sign will be adhesive vinyl (metallic gold and black)
on 3mm composite panel. The third sign is to be located on the western property boundary and
is proposed to measure 3200mm x 2400mm. This sign is to provide forewarning to the motoring
public that the entrance to the property is approaching at a distance of 400 metres. This sign is
to be located on existing treated pine posts.
Site Location Plan
The land is zoned Rural Resource, and is within the Scenic Management Code and Signs Code.
The relevant Planning Scheme definition is:
Resource development use of land for propagating, cultivating or harvesting plants or for keeping and
breeding of livestock or fishstock. If the land is so used, the use may include the
handling, packing or storing of produce for dispatch to processors. Examples include
agricultural use, aquaculture, bee keeping, controlled environment agriculture, crop
production, horse stud, intensive animal husbandry, plantation forestry and turf
growing.
sign means a device that is intended to give information, advertise or attract attention to
a place, product, service or event.
4.5 Representations
Notice of the application was given in accordance with Section 57 of the Land Use Planning & Approvals
Act 1993. A review of Councils Records management system after completion of the public exhibition
period revealed that one representation (attached) was received from:
John MacKinnon, 868 Illawarra Road, Longford
The matters raised in the representation are outlined below followed by the planners comments.
Issue 1
Sign located on the north-western end of property
Concerns relate to the size of the sign and that it is not in keeping with the objectives of the
Scenic Corridor
The positioning of the sign so close to the road could distract the motoring public
The composition of the sign is not in keeping with similar signage which is deemed acceptable
by the Nomenclature Board
Planners comment:
The application relies upon assessment against a performance criteria of the Scenic
Management Code. An assessment later in this report finds that the signs are considered to be
compliant with the applicable performance criteria provided that the size of the second and
third sign are reduced. Thus the objectives are met. The Planning Authority must consider each
individual application based upon its own merits. Although a TVIS sign may be also appropriate,
this is not what is subject to assessment. All signage is on or within the confines of the title
boundary and not within the road reserve. The western sign is located opposite a white washed
dwelling, which is located quite close the road reserve, effectively providing a break in the
vegetated corridor at this point, the sign proposed at the western end will sit within the
foreground of the vegetation on site and not protrude into the sight lines, provided the size of
the sign is reduced by way of conditions, as the size proposed is seen to be excessive. The
Department of State Growth have advised that the signs are okay from their position in terms
of road safety.
Issue 2
Sign located on the right-hand side of the driveway entrance
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The proposed sign appears to be sited above the current fence line and above the current
trimmed Hawthorn Hedge
Planners comment:
The applicants have advised that the Hawthorn Hedge is normally that height and has just
recently been trimmed, the applicants have informed council that spring growth will again be at
a height consistent with the top of the sign at it intended position. The second sign though is
1200mm in height above the timber railed fence, which is considered excessive given the
graphics that it is to pertain.
4.6 Referrals
The only referral required was as follows:
Department of State Growth
Precis: The application was referred to Department of State Growth, who responded on 20 July 2017, stating
that the Department has no comment or conditions to make regarding the proposal. The Department advised
that given the low scale of the development no Traffic Impact Assessment in this instance is required. The
property access is not within the Limited Access sections of Illawarra Road.
DEVELOPMENT STANDARDS
NOT APPLICABLE NO BUILDING OR SUBDIVISION IS PROPOSED.
CODES
E1.0 BUSHFIRE PRONE AREAS CODE N/a
E2.0 POTENTIALLY CONTAMINATED LAND N/a
E3.0 LANDSLIP CODE N/a
E4.0 ROAD AND RAILWAY ASSETS CODE Complies no change of use proposed, and no
intensification of the existing access is expected to
increase by more than 10%
E.5.0 FLOOD PRONE AREAS CODE N/a
E6.0 CAR PARKING AND SUSTAINABLE TRANSPORT CODE Complies no changes
E7.0 SCENIC MANAGEMENT CODE Applicable complies, see Code assessment below.
E8.0 BIODIVERSITY CODE N/a
E9.0 WATER QUALITY CODE N/a
E10.0 RECREATION AND OPEN SPACE CODE N/a
E11.0 ENVIRONMENTAL IMPACTS & ATTENUATION CODE N/a
E12.0 AIRPORTS IMPACT MANAGEMENT CODE N/a
E13.0 LOCAL HISTORIC HERITAGE CODE N/a
E14.0 COASTAL CODE N/a
E15.0 SIGNS CODE Applicable complies, see Code assessment below.
SPECIAL PROVISIONS
9.1 Changes to an Existing Non-conforming Use N/a
9.2 Development for Existing Discretionary Uses N/a
9.3 Adjustment of a Boundary N/a
9.4 Demolition N/a
9.5 Subdivision N/a
STATE POLICIES
The proposal is consistent with all State Policies.
OBJECTIVES OF LAND USE PLANNING & APPROVALS ACT 1993
The proposal is consistent with the objectives of the Land Use Planning & Approvals Act 1993.
6 OPTIONS
7 DISCUSSION
Discretion to refuse the application is limited to (reliance upon performance criteria in both the Scenic
Management Code and the Signs Code).
Conditions that relate to any aspect of the application can be placed on a permit.
The proposal will be conditioned for two of the signs to be reduced to a more appropriate size.
8 ATTACHMENTS
RECOMMENDATION
That land at 873 Illawarra Road, Longford be approved to be developed and used for a Signage x 3 (other
signs) within scenic corridor in accordance with application P17-178, and subject to the following conditions:
1 Layout not altered
The use and development shall be in accordance with the endorsed plans numbered P1 P6 (Drawing No:
Signage Details), except where varied by Condition 2 below.
2 Amended Plans Required
Prior to the commencement of the development, amended plans must be submitted to the approval of the
General Manager. When approved, the plans will be endorsed and will then form part of the permit. The
plans must be drawn to scale with dimensions. The plans must show:
(a) The second sign proposed to be placed above an existing timber paling fence at the western side of
the entry to the subject property to be no greater than 1200mm wide and 600mm high.
(b) The third sign to be located on the western property boundary to be no greater than 1800mm wide
and 1200mm high.
3 Non-reflective and Non-illuminated
The signs must not be reflective or illuminated.
DECISION
Cr
1 INTRODUCTION
This report assesses an application for Midland Highway, Illawarra Road & adjoining properties, Perth, to
construct the Perth Link Roads project.
2 BACKGROUND
Applicant: Owner:
Department of State Growth Department of State Growth and adjoining landowners
Zone: Codes:
Utilities; Rural Resource; General Residential Road & Railway Assets code; Flood Prone Areas Code; Car
Parking and Sustainable Transport Code; Scenic Management
Code; Biodiversity Code; Water Quality Code;
Classification under the Scheme: Existing Use:
Utilities Road and farmland
Deemed Approval Date: Recommendation:
25 August 2017 Approve with conditions
Preliminary Discussion
Prior to submission of the application, the applicant undertook public consultation.
3 STATUTORY REQUIREMENTS
The proposal is an application pursuant to section 57 of the Land Use Planning & Approvals Act 1993 (i.e. a
discretionary application).
Section 48 of the Land Use Planning & Approvals Act 1993 requires the Planning Authority to observe and
enforce the observance of the Planning Scheme. Section 51 of the Land Use Planning & Approvals Act 1993
states that a person must not commence any use or development where a permit is required without such
permit.
CODES
E1.0 BUSHFIRE PRONE AREAS CODE NA
E2.0 POTENTIALLY CONTAMINATED LAND NA
E3.0 LANDSLIP CODE NA
E4.0 ROAD AND RAILWAY ASSETS CODE See code assessment below.
E.5.0 FLOOD PRONE AREAS CODE See code assessment below.
E6.0 CAR PARKING AND SUSTAINABLE TRANSPORT CODE See code assessment below.
E7.0 SCENIC MANAGEMENT CODE See code assessment below.
E8.0 BIODIVERSITY CODE See code assessment below.
E9.0 WATER QUALITY CODE See code assessment below.
The scenic management code applies to the areas circled red: (Source: Development Application
Supporting Report June 2017)
SPECIAL PROVISIONS
9.1 Changes to an Existing Non-conforming Use NA
9.2 Development for Existing Discretionary Uses NA
9.3 Adjustment of a Boundary NA
9.4 Demolition NA
9.5 Subdivision NA
STATE POLICIES
The proposal is consistent with all State Policies.
6 OPTIONS
7 DISCUSSION
Conditions that relate to any aspect of the application can be placed on a permit.
Other Matters:
Landscaping
The application includes a concept landscaping design which shows:
o The road corridor to be planted with a mixture of native grasses and sedges with shrubs up to
1m high towards the boundary.
o A 20m wide strip planted with native understorey species and trees.
o The town entrances planted with deciduous avenue trees.
A condition requiring a detailed landscaping plan is recommended.
Noise mitigation
The application provided a Noise Assessment by GHD. This states that:
The State Noise Strategy (DIER 2011) and the Tasmanian State Road Traffic Noise Management
Guidelines (DSG 2015) (TNMG) set the target criteria for State roads and provide guidance to
road and land use planners, road designers and the community on how traffic noise on the state
road network is managed.
The TNMG states that on road construction and upgrade projects, the Department will aim to
meet a design traffic noise level of LA10(18 hour) 63 dB(A) or below for noise sensitive land uses,
subject to what is considered reasonable, practical and cost-effective. The Department
considers a traffic noise level of 63 dB(A) or less (measured at the building faade), to be
acceptable for most adjacent uses for most people.
As levels increase above 63 dB(A) impacts become less acceptable to more people. A level above
68 dB(A) (measured at the building faade) is considered by the Department to be undesirable
for sensitive uses.
A baseline noise monitoring and modelling assessment was undertaken by GHD on behalf of the
Department of State Growth.
Existing road traffic noise at identified receivers is generally under the 63 dB(A) target criteria.
Existing road traffic noise exceeds the 63 dB(A) criterion at 46 receivers.
Project road traffic noise is predicted to exceed the 63 dB(A) target criteria at four receivers for
the year 2029 traffic noise model.
Existing noise levels at two of these receivers are greater than 63 dB(A), and 2029 project levels
less than 68 dB(A), therefore they are not eligible for mitigation under the TNMG.
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Project traffic noise at one receiver is predicted to exceed the upper limit target of 68 dB(A) by
3 dB(A). This receiver was found to be eligible for noise mitigation.
One receiver was identified as being eligible for consideration of noise mitigation measures as a
63-plus receiver.
Building treatment has been identified as a potentially reasonable and feasible option for these
receivers.
Council had GHDs Noise Assessment reviewed by an independent expert who found that its modelling,
assessment and conclusions are reasonable.
It is recommended that the permit include a condition requiring mitigation for modelled traffic noise
to be in accordance with the Tasmanian State Road Traffic Noise Management Guidelines
(Department of State Growth, October 2015).
8 ATTACHMENTS
RECOMMENDATION
That land at Midland Hwy, Illawarra Rd & adjoining properties, including: CT151007/1 & ORS, PERTH be
approved to be developed and used for a Perth Link Roads Roadworks (bypass) & associated works in
accordance with application P17-166, and subject to the following conditions:
1 Layout not altered
The use and development must be in accordance with the endorsed plans and documents:
A0087.038, Sheet Numbers 002 Revision B; 0010 Revision B; 0110 Revision B; 0012 Revision B;
0030 Revision B; 0031 Revision C; 0032 Revision B; 0033 Revision C; 0034 Revision C; 0035
Revision C; 0036 Revision C; 0037 Revision C; 0038 Revision B; 0039 Revision B; 0040 Revision C;
0041 Revision A; 0060 Revision B; 061 Revision B; 0062 Revision B; 0063 Revision B; 0064
Revision B; 0065 Revision B; 0066 Revision B; 0067 Revision B; 0068 Revision B; 0069 Revision B;
0070 Revision B; 0070 Revision B; 0072 Revision B; 0073 Revision B; 0074 Revision B; 0075
Revision B; 0076 Revision B; 0077 Revision B; 0078 revision B; 0079 Revision B; 0080 Revision B;
0081 Revision B; 0085 Revision B; 0086 Revision B; 0087 Revision B; 0088 Revision B; 0089
Revision B; 0090 Revision B; 0091 Revision B; 0092 Revision B; 0093 Revision B; 0094 Revision B;
0095 Revision B; 0096 Revision B; 0097 Revision B; 0098 Revision B; 0099 Revision B; 0500
Revision B; 0501 Revision B; 0550 Revision B; 0551 Revision B; 0600 Revision B; 0601 Revision B;
0650 Revision B; 0651 Revision B; 0700 Revision B; 0701 Revision B; 0750 Revision B; 0751
Revision B.
Development Application Supporting Report, June 2017;
Preliminary Drainage Design, June 2017;
Perth Link Roads Landscaping Concept Design;
Traffic Impact Assessment, June 2017;
Noise Assessment, June 2017;
Assessment of Potential Impact on Ecological Values of Proposed Perth Links and Associated
Connectors, Tasmania, Environmental Consulting Options Tasmania, 21 January 2015 and
addendum 17 May 2017;
Assessment of Potential Habitat Trees for Masked Owl, Tyto novaehollandiae castanops at
Perth Links site, David James, 2017.
2 Amended plans required
Before the development commences, amended plans must be submitted. When approved the plans
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will be endorsed and form part of this permit. The plans must amend sheet 0032 so the Kelly & Einoder
Access shown on that plan as a continuous easement road to the Kelly farm gate, with a T-junction to
Glen Ireh.
3 Soil and Water Management Plan
Before the development commences, a soil and water management plan must be submitted
demonstrating:
a) revegetation and weed control of areas of bare soil; and
b) the management of runoff so that impacts from storm events up to at least the 1 in 5 year storm
are not increased; and
c) that disturbance to vegetation and the ecological values of riparian vegetation will not
detrimentally affect hydrological features and functions
4 Conduits
Conduits for future services and temporary irrigation pipes must be installed.
5 TasWater conditions
The use and development must in accordance with TasWaters Submission to Planning Authority
Notice (reference number TWDA 2017/01126-NMC).
6 Landscaping
6.1 Within six months of the development commencing, a detailed landscaping plan to the approval of the
General Manager must be submitted. When approved, the plan will be endorsed and will then form
part of the permit. The plan must:
a) be generally in accordance with the landscaping concept design submitted with the application;
b) specify the type of vegetation and species to be planted;
c) specify the treatment of the three roundabouts.
6.2 Within 12 months of practical completion of the roadworks, landscaping must be completed
substantially in accordance with the detailed landscaping and to the satisfaction of the General
Manager.
6.3 The landscaping must be maintained in accordance with the endorsed plans to the satisfaction of the
General Manager.
7 Stormwater management
7.1 All stormwater works must be carried out in accordance with the GHD Preliminary Design, Drainage
Report.
7.2 Drainage design must achieve post-development peak flows in Sheepwash Creek no greater than those
of the pre-development state based upon the design principles of 1:100 ARI and Storm duration for
the catchment.
7.3 Further details, including calculations shall be provided to Council for approval, regarding the drainage
of the south-western section of the proposed new road in the area of the intersection with Illawarra
Road.
8 Safe Intersection Sight Distance at Pateena Road
Before the use commences, the Safe Intersection Sight Distance of 262m at the Mountford Access No. 1
(Sheet No. 0036) must be provided, including the removal of vegetation as required.
9 Noise mitigation
Mitigation for modelled traffic noise must be in accordance with the Tasmanian State Road Traffic Noise
Management Guidelines (Department of State Growth, October 2015)
DECISION
Cr
1 INTRODUCTION
An application was received from Entura (obo Caltas Pty Ltd) for a Planning Scheme Amendment 03/16 to
rezone the subject site to Particular Purpose Zone Service Station, in conjunction with a planning application
for a 24-hour card operated retail fuel depot at 184 High Street, Campbell Town in accordance with Section
33(1) and 43A of the Land Use Planning & Approvals Act 1993.
Although the subject site has formerly been used as a service station, the site is currently vacant and zoned
General Residential. The applicant wishes to use the land for vehicle fuel sales and service, which is prohibited
under the current zoning.
2 BACKGROUND
Applicant: Owner:
Entura (obo Caltas Pty Ltd) Lloyds North Water Pty Ltd
Zone: Codes:
General Residential Road and Railway Assets code; Carparking code;
Signs code
Classification under the Scheme: Existing Use:
Vehicle fuel sales and service Vacant
Critical Date: Recommendation:
An extension of time to make a decision was received Initiate and certify the amendment; and approve
from the Commission until the 21-Aug-2017. the use and development of the site as vehicle fuel
sales and service.
Preliminary Discussion
The applicant originally lodged the application in November 2016, so that the matter could be
considered along-side Amendment 01/16 for a Service Station on the land on the opposite side of High
Street. This allowed for reciprocal access requirements to be considered for both sites during the
assessment process for 01/16. The application has since been on stop-clock to allow for a decision on
01/16 to be made. The outcome of 01/16 was the creation of the Particular Purpose Zone Service
Station and associated signage provisions, which will be also be used for the assessment of this
proposal.
3 STATUTORY REQUIREMENTS
The Land Use Planning & Approvals Act 1993 contains the following provisions:
Section 33 (1) A person may request planning authority to initiate an amendment of a planning scheme
administered by it.
Section 43A (1) - A person who requests a planning authority to amend a planning scheme may also request
the planning authority to consider an application for a permit which would not be allowed if the planning
scheme were not amended as requested.
Section 33 (2B) - Before making a decision as to whether or not to initiate an amendment of the planning
scheme, the planning authority must consider
(a) whether the requested amendment is consistent with the requirements of section 32; and
(ab) any representation made under section 30I, and any statements in any report under section 30J
as to the merit of a representation, that may be relevant to the amendment; and
(b) any advice referred to in section 65 of the Local Government Act 1993 received by it.
The land is zone General Residential and is not within any special areas.
4.2 Site and Locality
The author of this report carried out a site visit on the 11th August 2017.
The subject site is located at 184 High Street, Campbell Town (CT 202749/1) and has a total area of 1
acre (4046.86m2). The site is currently vacant except for security fencing and has two existing access
points which remain from the sites former use as a service station.
The neighbouring land uses are predominantly residential to the north and west of the site. To the
south of the site is the Campbell Town Golf Course (zoned Recreation). The land to the east, on the
eastern side of High Street, has recently gained approval for a service station via a similar amendment
process, as this land was also zoned General Residential.
The main site/locality characteristics are:
o Level site
o Frontage to three roads (High Street, New Street & Torlesse Street)
o 2 x existing crossovers to High Street
6 OPTIONS
7 DISCUSSION
7.1 ASSESSMENT FOR CONSISTENCY WITH SECTION 32 OF THE LAND USE PLANNING & APPROVALS
ACT 1993
Section 32 of the Land Use Planning & Approvals Act 1993 requires that an amendment of a planning
scheme
Must, as far as practicable, avoid the potential for land use conflicts with use and development
permissible under the planning scheme applying to the adjacent area.
Comment: The proposal seeks to rezone the site from General Residential to Particular Purpose Zone
Service Station, which is consistent with the historic land use of the site as a service station.
The site has good separation from adjoining residential uses, which directly adjoin to the site to
the west only. Residential uses on the northern side of New Street also achieve good separation
from the site. The amendment application is combined with a planning application for a retail
fuel depot under section 43A of the Land Use Planning & Approvals Act 1993, and incorporates
mitigation measures, such as fencing and landscaping within the proposal to address residential
amenity. Other adjoining land uses consist of a golf course, highway and approved service
station to the east, none of which will be negatively affected by the proposal.
Must be consistent with the Regional Land Use Strategy and any mandatory provisions (section 30O).
Comment: The Northern Regional Land Use Strategy classifies Campbell Town as a District Centre.
District centres are described as being significant regional settlement areas where residents of
and visitors to the region can access a wide range of services, education and employment
opportunities, although employment is strongly related to surrounding productive resources.
Important centres to surrounding sub-region.
The draft amendment seeks to remove a piece of land measuring approximately 4050m2 from
the General Residential zone.
It is considered that the draft amendment does not negatively impact on the supply of General
Residential zoned land in Campbell Town.
The draft amendment is consistent with the RLUS and is not inconsistent with mandatory
provisions.
Figure 2 Elevations
Figure 3 Signage
Assessment against 33
Particular Purpose Zone Service Station
33.1 Zone Purpose
33.1.1 Zone Purpose Statements
33.1.1.1 To provide for vehicle fuel sales and limited associated uses servicing the wider region,
including heavy transport vehicles.
33.1.1.2 To ensure off site impacts are minimal or can be managed to minimise conflict with, or
unreasonable loss of amenity to, any sensitive uses.
Comment: The proposal is consistent with the Zone Purpose 33.1.1.1, by providing fuel
services to heavy transport vehicles along one of Tasmanias key transport routes.
The impact on nearby sensitive uses, as per zone purpose 33.1.1.2, has been
addressed by the proposal and are considered manageable, with mitigation
measures proposed to reduce potential conflicts.
33.1.2 Local Area Objectives
There are no desired local area objectives.
33.1.3 Desired Future Character Statements
There are no desired future character statements.
33.3 Use Standards
33.3.1 Amenity
Objective
That uses do not cause an unreasonable loss of amenity to nearby sensitive uses.
Acceptable Solutions Performance Criteria
1
An exemption applies for fences in this zone see clause 6.4
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potentially interfere with the operation of the
swale.
b) There is no existing vegetation on the subject site
or the adjoining vacant lot. The closest developed
residential property (approximately 45m away)
contains minimal plantings (low level hedging).
c) The remaining undeveloped areas of the site will
be landscaped. A condition may be placed on the
permit to require a detailed landscape plan
specifying the size and type of the proposed
plantings.
d) The 2.1m high lapped timber paling fence will
provide good screening, when considered in
conjunction with the separation distance of
nearby residential uses.
33.4.5 Stormwater
Objective
That stormwater from the subject site is directed into a public stormwater system.
Acceptable Solutions Performance Criteria
A1 P1
All stormwater runoff must be captured within All stormwater runoff is to be collected and discharged in a
the boundaries of the site and directed into a manner that will not cause adverse impacts, having regard
public stormwater system. to:
(a) the location of the discharge point (if any);
(b) the stormwater flow paths both internal and
external to the site;
(c) the location of building areas within the site;
(d) the topography of the site;
(e) the characteristics of the site, including rainfall;
(f) the development on the site and adjoining land;
(g) the potential for contamination;
(h) any onsite storage devices, detention basins or
other water sensitive urban design techniques
within the subdivision.
Complies with A1 stormwater will be directed N/a
toward the swale drain on-site (with the
exception of the refueling bays). The
swale will be graded toward an existing
stormwater pit in New Street, with
overflow to an existing swale in Torlesse
Street.
33.5 Subdivision Standards Not applicable.
CODES
E1.0 BUSHFIRE PRONE AREAS CODE N/a
E2.0 POTENTIALLY CONTAMINATED LAND N/a no sensitive use proposed.
E3.0 LANDSLIP CODE N/a
E4.0 ROAD AND RAILWAY ASSETS CODE See code assessment below
E.5.0 FLOOD PRONE AREAS CODE N/a
E6.0 CAR PARKING AND SUSTAINABLE TRANSPORT CODE See code assessment below
E7.0 SCENIC MANAGEMENT CODE N/a
E8.0 BIODIVERSITY CODE N/a
E9.0 WATER QUALITY CODE N/a
E10.0 RECREATION AND OPEN SPACE CODE N/a
E11.0 ENVIRONMENTAL IMPACTS & ATTENUATION CODE N/a
E12.0 AIRPORTS IMPACT MANAGEMENT CODE N/a
Assessment against E4
Road and Railway Assets Code
E4.6 Use Standards
E4.6.1 Use and road or rail infrastructure
Objective
To ensure that the safety and efficiency of road and rail infrastructure is not reduced by the creation of new
accesses and junctions or increased use of existing accesses and junctions.
Acceptable Solutions Performance Criteria
A1 Sensitive use on or within 50m of a P1 Sensitive use on or within 50m of a category 1 or 2
category 1 or 2 road, in an area subject to a road, in an area subject to a speed limit of more than
speed limit of more than 60km/h, a railway or 60km/h, a railway or future road or railway must
future road or railway must not result in an demonstrate that the safe and efficient operation of the
increase to the annual average daily traffic infrastructure will not be detrimentally affected.
(AADT) movements to or from the site by more
than 10%.
N/a N/a
A2 For roads with a speed limit of 60km/h or P2 For roads with a speed limit of 60km/h or less, the
less the use must not generate more than a level of use, number, location, layout and design of
total of 40 vehicle entry and exit movements per accesses and junctions must maintain an acceptable level
day of safety for all road users, including pedestrians and
cyclists.
Relies on performance criteria P2. Complies with P2. Although the development anticipates
approximately 25 trucks will use the site per day, the
supplied Traffic Impact Assessment (TIA) has based its
findings on 425 truck movements across a 24-hr period (as
per RMS Guide). The TIA concludes that an acceptable
level of safety can be achieved with the proposed design.
A3 For roads with a speed limit of more than P3 For limited access roads and roads with a speed
60km/h the use must not increase the annual limit of more than 60km/h:
average daily traffic (AADT) movements at the a) access to a category 1 road or limited access road
existing access or junction by more than 10%. must only be via an existing access or junction or the use
or development must provide a significant social and
economic benefit to the State or region; and
b) any increase in use of an existing access or junction
or development of a new access or junction to a limited
access road or a category 1, 2 or 3 road must be for a use
that is dependent on the site for its unique resources,
characteristics or locational attributes and an alternate site
or access to a category 4 or 5 road is not practicable; and
c) an access or junction which is increased in use or is
a new access or junction must be designed and located to
maintain an adequate level of safety and efficiency for all
road users.
N/a N/a
E4.7 Development Standards
E4.7.1 Development on and adjacent to Existing and Future Arterial Roads and Railways
Objective
To ensure that development on or adjacent to category 1 or 2 roads (outside 60km/h), railways and future
roads and railways is managed to:
a) ensure the safe and efficient operation of roads and railways; and
b) allow for future road and rail widening, realignment and upgrading; and
c) avoid undesirable interaction between roads and railways and other use or development.
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Acceptable Solutions Performance Criteria
A1 The following must be at least 50m from P1 Development including buildings, road works,
a railway, a future road or railway, and a earthworks, landscaping works and level crossings on or
category 1 or 2 road in an area subject to a within 50m of a category 1 or 2 road, in an area subject to
speed limit of more than 60km/h: a speed limit of more than 60km/h, a railway or future
road or railway must be sited, designed and landscaped to:
a) new road works, buildings, additions and a) maintain or improve the safety and efficiency of the
extensions, earthworks and landscaping works; road or railway or future road or railway, including line of
and sight from trains; and
b) building areas on new lots; and b) mitigate significant transport-related environmental
c) outdoor sitting, entertainment and impacts, including noise, air pollution and vibrations in
childrens play areas accordance with a report from a suitably qualified person;
and
c) ensure that additions or extensions of buildings will
not reduce the existing setback to the road, railway or
future road or railway; and
d) ensure that temporary buildings and works are
removed at the applicants expense within three years or
as otherwise agreed by the road or rail authority.
N/a the subject site is adjacent to a 60km/h N/a
section of road (High Street).
E4.7.2 Management of Road Accesses and Junctions
Objective
To ensure that the safety and efficiency of roads is not reduced by the creation of new accesses and junctions
or increased use of existing accesses and junctions.
Acceptable Solutions Performance Criteria
A1 For roads with a speed limit of 60km/h or P1 For roads with a speed limit of 60km/h or less, the
less the development must include only one number, location, layout and design of accesses and
access providing both entry and exit, or two junctions must maintain an acceptable level of safety for
accesses providing separate entry and exit. all road users, including pedestrians and cyclists.
Complies with A1. The site has two existing N/a
accesses which will provide for separate entry
and exit.
A2 For roads with a speed limit of more than P2 For limited access roads and roads with a speed
60km/h the development must not include a limit of more than 60km/h:
new access or junction. a) access to a category 1 road or limited access road
must only be via an existing access or junction or the
development must provide a significant social and
economic benefit to the State or region; and
b) any increase in use of an existing access or junction
or development of a new access or junction to a limited
access road or a category 1, 2 or 3 road must be
dependent on the site for its unique resources,
characteristics or locational attributes and an alternate site
or access to a category 4 or 5 road is not practicable; and
c) an access or junction which is increased in use or is
a new access or junction must be designed and located to
maintain an adequate level of safety and efficiency for all
road users.
N/a N/a
E4.7.3 Management of Rail Level Crossings
Objective
To ensure that the safety and the efficiency of a railway is not unreasonably reduced by access across the
railway.
Acceptable Solutions Performance Criteria
A1 Where land has access across a P1 Where land has access across a railway:
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21 AUGUST 2017
railway: a) the number, location, layout and design of level crossings
a) development does not include maintain or improve the safety and efficiency of the railway; and
a level crossing; or b) the proposal is dependent upon the site due to unique
b) development does not result in resources, characteristics or location attributes and the use or
a material change onto an existing development will have social and economic benefits that are of State
level crossing. or regional significance; or
c) it is uneconomic to relocate an existing use to a site that does
not require a level crossing; and
d) an alternative access or junction is not practicable.
N/a N/a
E4.7.4 Sight Distance at Accesses, Junctions and Level Crossings
Objective
To ensure that use and development involving or adjacent to accesses, junctions and level crossings allows
sufficient sight distance between vehicles and between vehicles and trains to enable safe movement of
traffic.
Acceptable Solutions Performance Criteria
A1 Sight distances at P1 The design, layout and location of an
a) an access or junction must comply with the Safe access, junction or rail level crossing must
Intersection Sight Distance shown in Table E4.7.4; and provide adequate sight distances to ensure the
b) rail level crossings must comply with AS1742.7 safe movement of vehicles.
Manual of uniform traffic control devices - Railway crossings,
Standards Association of Australia; or
c) If the access is a temporary access, the written
consent of the relevant authority has been obtained.
Complies with A1 (a). At a vehicle speed of 60km/h, the N/a
required site distance is 105m. The TIA identifies that the
required site distance is exceeded in both directions, for
each access.
Assessment against E6
Car Parking and Sustainable Transport Code
E6.6 Use Standards
E6.6.1 Car Parking Numbers
Objective
To ensure that an appropriate level of car parking is provided to service use.
Acceptable Solutions Performance Criteria
A1 The number of car parking P1 The number of car parking spaces provided must have regard
spaces must not be less than the to:
requirements of: a) the provisions of any relevant location specific car parking plan;
a) Table E6.1; or and
b) a parking precinct plan b) the availability of public car parking spaces within reasonable
contained in Table E6.6: Precinct walking distance; and
Parking Plans (except for dwellings c) any reduction in demand due to sharing of spaces by multiple
in the General Residential Zone). uses either because of variations in peak demand or by efficiencies
gained by consolidation; and
d) the availability and frequency of public transport within
reasonable walking distance of the site; and
e) site constraints such as existing buildings, slope, drainage,
vegetation and landscaping; and
f) the availability, accessibility and safety of on-road parking,
having regard to the nature of the roads, traffic management and
other uses in the vicinity; and
g) an empirical assessment of the car parking demand; and
h) the effect on streetscape, amenity and vehicle, pedestrian and
cycle safety and convenience; and
i) the recommendations of a traffic impact assessment prepared
for the proposal; and
j) any heritage values of the site; and
k) for residential buildings and multiple dwellings, whether parking
is adequate to meet the needs of the residents having regard to:
i) the size of the dwelling and the number of bedrooms; and
ii) the pattern of parking in the locality; and
iii) any existing structure on the land.
Complies with A1. Table E6.1 N/a
requires 4 spaces per service bay;
however, no service bay is provided,
therefore, no parking is required. A
parking space has been made
available for occasional service
vehicles.
SPECIAL PROVISIONS
9.1 Changes to an Existing Non-conforming Use N/a
9.2 Development for Existing Discretionary Uses N/a
9.3 Adjustment of a Boundary N/a
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9.4 Demolition N/a
9.5 Subdivision N/a
9 DISCUSSION
The planning application for a 24-hour card operated retail fuel depot is made under Section 43A of the Land
Use Planning and Approvals Act 1993, which allows an application for a permit which would not be allowed
if the planning scheme were not amended as requested.
An assessment of these discretions is detailed in section 7.2.2 of this report and it has been determined that
the proposal adequately meets the relevant acceptable solutions or performance criteria of these provisions.
It is recommended that the application be approved subject to the conditions detailed in the
recommendation.
10 ATTACHMENTS
A) Proposal plans
B) Responses from referral agencies
TasWater
Department of State Growth
RECOMMENDATION
A That Council, under section 34 (1) of the Land Use Planning Act 1993, initiate Draft Amendment
03/16 to amend the planning scheme by to allow the land at 184 High Street, Campbell Town to be
rezoned from General Residential to Particular Purpose Zone Service Station and used and
developed as a 24-hour card operated retail fuel depot
B That Council, under Section 35 (1) of the Land Use Planning and Approvals Act 1993, certify Draft
Amendment 03/16 as meeting the requirements of section 32 of the Act, and place it on Public
Exhibition for 28 days, in accordance with section 38 of the Act.
And, if B is approved;
C That, under section 43F of the Land Use Planning and Approvals Act 1993, Council resolves that:
The land at 184 High Street, Campbell Town be approved to be developed and used for a 24-
hour card operated retail fuel depot, and be subject to the following conditions:
1 Layout not altered
The use and development shall be in accordance with the endorsed document numbered D1 - Planning
application submission, prepared by Hydro-Electric Corporation t/a Entura, dated: 3rd August 2017,
Doc. No.: ENTURA-D9CE5, incorporating the following appendices:
A Development Application form & Owners consent
B Proposal Plans
Plan No. Sheet No. Drawing No. Date Rev.
P1 A000 160124 27.10.16 C
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P2 A099 160124 17.10.16 A
P3 A100 160124 27.10.16 E
P4 A102 160124 27.10.16 B
P5 A107 160124 27.10.16 B
P6 A320 160124 17.10.16 A
P7 A321 160124 17.10.16 A
P8 A322 160124 17.10.16 A
P9 A898 160124 17.10.16 A
P10 A899 160124 17.10.16 A
P11 A900 160124 17.10.16 A
P12 B106 160124 17.10.16 A
P13 B107 160124 17.10.16 A
P14 B108 160124 27.10.16 B
P15 S100 160124 27.10.16 B
P16 S110 160124 17.10.16 A
P17 F150 160124 27.10.16 B
C Certificate of Title (CT202749/1)
D Revocation of Site Management Notice No. 8775/1
E Traffic Impact Assessment
Prepared by Midson Traffic, dated: 11 September 2016, pp.1-19.
F Noise Impact Assessment
Prepared by NVC, dated: 21 July 2017, Report No. 5521.
G Access Concept Plans
Plan No. Sheet No. Drawing No. Date Rev.
P18 01 1645 08.12.16 A
P19 02 1645 08.12.16 A
P20 03 1645 08.12.16 A
DECISION
Cr
RECOMMENDATION
That the Council cease to act as a Planning Authority under the Land Use Planning and Approvals Act 1993,
for the remainder of the meeting.
DECISION
Cr
That the Council cease to act as a Planning Authority under the Land Use Planning and Approvals
Act 1993, for the remainder of the meeting.
DECISION
Cr
That Council move into the Closed Meeting with the General Manager, Corporate Services
Manager, Regulatory & Community Services Manager, Works Manager and Executive Assistant.
CON 4 CONTRACTS, AND TENDERS, FOR THE SUPPLY OF GOODS AND SERVICES AND THEIR
TERMS, CONDITIONS, APPROVAL AND RENEWAL
As per provisions of Section 15(2)(d) of the Local Government (Meeting Procedures) Regulations 2015.
Plant Replacement Fleet 50 Backhoe Loader Contract No. 17/12